Drunk Driving & DUI Never Againtag:typepad.com,2003:weblog-866827232363538032015-12-11T11:56:49-05:00HOW TO AVOID A DUI, AND WHAT TO DO IF YOU ARE ARRESTED FOR DRUNK DRIVING, LEARN SECRET TIPS FROM A DUI LAWYER AND FORMER PROSECUTOR.
TypePadWHAT TO DO IF STOPPED BY POLICEtag:typepad.com,2003:post-6a00e553f722c6883401b8d1824e65970c2015-12-11T11:56:49-05:002015-12-11T11:56:49-05:00With all the recent allegations of civil rights violations by police across the country, I thought it might be good to review some important actions to take if you find yourself in contact with the police. Remember officers' badge and patrol car numbers. Write down everything you remember ASAP. Try...S & F Media LLC

With all the recent allegations of civil rights violations by police across the country, I thought it might be good to review some important actions to take if you find yourself in contact with the police.

Remember officers' badge and patrol car numbers. Write down everything you remember ASAP. Try to find witnesses and their names and phone numbers. If you are injured, take photographs of the injuries as soon as possible, but make sure you seek medical attention first. F.O.I.A. Freedom of Information Act: Can be used to get information, records, videos, meeting minutes, etc. Get onboard police videos by filling out form and turning it in to city attorney’s office.

IF YOU FEEL YOUR RIGHTS HAVE BEEN VIOLATED

You can file a written complaint with police department's internal affairs division or civilian complaint board.

1. What you say to the police is always important. What you say can be used against you, and it can give the police an excuse to arrest you, especially if you bad-mouth a police officer.

2. You must show your driver's license and registration when stopped in a car. Otherwise, you don't have to answer any questions if you are detained or arrested, with one important exception. The police may ask for your name if you have been properly detained.

3. You don't have to consent to any search of yourself, your car or your house. If you DO consent to a search, it can affect your rights later in court. If the police say they have a search warrant, ASK TO SEE IT.

4. Do not interfere with, or obstruct the police -- you can be arrested for it.

IF YOU ARE STOPPED FOR QUESTIONING

1. It's not a crime to refuse to answer questions, but refusing to answer can make the police suspicious about you. If you are asked to identify yourself, see paragraph 2 above.

2. Police may "pat-down" your clothing if they suspect a concealed weapon. Don't physically resist, but make it clear that you don't consent to any further search.

3. Ask if you are under arrest. If you are, you have a right to know why. 4. Don't bad-mouth the police officer or run away, even if you believe what is happening is unreasonable. That could lead to your arrest.

IF YOU'RE STOPPED IN YOUR CAR

1. Upon request, show them your driver's license, registration, and proof of insurance. In certain cases, your car can be searched without a warrant as long as the police have probable cause. To protect yourself later, you should make it clear that you do not consent to a search. It is not lawful for police to arrest you simply for refusing to consent to a search.

2. If you're given a ticket, you should sign it; otherwise you can be arrested. You can always fight the case in court later.

3. If you're suspected of drunk driving (DWI) and refuse to take a blood, urine or breath test, your driver's license may be suspended.

IF YOU'RE ARRESTED OR TAKEN TO A POLICE STATION

1. You have the right to remain silent and to talk to a lawyer before you talk to the police. Tell the police nothing except your name and address. Don't give any explanations, excuses or stories.

2. Ask to see a lawyer immediately. If you can't pay for a lawyer, you have a right to a free one, and should ask the police how the lawyer can be contacted. Don't say anything without a lawyer.

3. Within a reasonable time after your arrest, or booking, you have the right to make a local phone call: to a lawyer, bail bondsman, a relative or any other person. The police may not listen to the call to the lawyer.

4. Sometimes you can be released without bail, or have bail lowered. Have your lawyer ask the judge about this possibility. You must be taken before the judge on the next court day after arrest.

5. Do not make any decisions in your case until you have talked with a lawyer.

IN YOUR HOME

1. If the police knock and ask to enter your home, you don't have to admit them unless they have a warrant signed by a judge.

2. However, in some emergency situations (like when a person is screaming for help inside, or when the police are chasing someone) officers are allowed to enter and search your home without a warrant.

3. If you are arrested, the police can search you and the area close by. If you are in a building, "close by" usually means just the room you are in. We all recognize the need for effective law enforcement, but we should also understand our own rights and responsibilities -- especially in our relationships with the police. Everyone, including minors, has the right to courteous and respectful police treatment.

If your rights are violated, don't try to deal with the situation at the scene, just cooperate with the police. Any failure to cooperate can result in additional charges against you. You can discuss the matter with an attorney afterwards, or file a complaint with the Internal Affairs office of your local police of Sheriff.

CMI MAY HAVE TO RELEASE SOURCE CODE ON BREATH TESTING EQUIMENTtag:typepad.com,2003:post-6a00e553f722c6883401bb078f9cd4970d2014-09-30T14:13:22-04:002014-09-30T14:13:22-04:00Orange County judges recently granted defense attorneys in DUI cases access to the software that powers the Intoxilyzer 8000, a commonly used breath testing instrument used by law enforcement to determine the blood-alcohol level of drivers suspected of driving while under the influence. Since 2006 the Intoxilyzer 8000 has been...S & F Media LLC

Orange County judges recently granted defense attorneys in DUI cases access to the software that powers the Intoxilyzer 8000, a commonly used breath testing instrument used by law enforcement to determine the blood-alcohol level of drivers suspected of driving while under the influence.

Since 2006 the Intoxilyzer 8000 has been the standard breath testing instrument in Florida, and has also been subject of frequent litigation.

For years, defense attorneys have been seeking greater access to the software and source code used to power the machine and control how it measures breath alcohol.

In a Sept. 22 order, a seven-judge panel ruled in the defense attorneys' favor acknowledging a "high percentage" of tests of the device found no anomalies, but said that's not good enough: "That the Intoxilyzer 8000 mostly works is an insufficient response when a citizen's liberty is at risk."

The panel ruled the DUI defendants are owed "effective access" to the software, including all past versions, within 21 days of the order.

Manufacturer of the Intoxilyzer, Kentucky based CMI, Inc., has objected to releasing the source code, claiming it is a trade secret, but has allowed visiting defense experts examine the source code but not take the information out of CMI offices.

Lawyers fighting for the release of the CMI source code believe that the defendant has a right to know how that machine works.

DUI Defense - Consuming Alcohol After the Crash or Stoptag:typepad.com,2003:post-6a00e553f722c688340168e9114495970c2012-03-21T12:01:04-04:002014-09-30T13:42:21-04:00WEST PALM BEACH — polo club founder John Goodman is on trial for DUI manslaughter in Palm Beach County Court . It is alleged that Goodman slammed his Bentley into 23-year-old Scott Wilson's Hyundai, pushing it into a nearby canal, where it overturned and Wilson drowned. It is further alleged...S & F Media LLC

WEST PALM BEACH — polo club founder John Goodman is on trial for DUI manslaughter in Palm Beach County Court . It is alleged that Goodman slammed his Bentley into 23-year-old Scott Wilson's Hyundai, pushing it into a nearby canal, where it overturned and Wilson drowned. It is further alleged that blood drawn from him three hours after the crash showed his blood alcohol content was more than twice the level at which drivers are presumed impaired.

The defense claims Goodman drank after the crash at the "man cave" inside the barn of friend Kris Kampsen, which is why blood drawn from him three hours after the crash showed his blood alcohol content was more than twice the level at which drivers are presumed impaired. His lawyers will likely argue those defenses to a jury when the attorneys present closing arguments on Thursday.

It will be worth watching to see whether the "drinking after the crash" defense is accepted by a jury. The prosecutor has the burden of proving that the accused had an unlawful blood alcohol level "at the time of driving". If the jury believes the defense, that Goodman consumed the alcohol after the crash, then the State may have failed to prove a required element of their case and could prove to be a source of reasonable doubt for the defense.

Here is a paragraph from my book "Under the Influence - Secrets from a DUI Lawyer"

"One of the more creative defenses I have observed (which was successful), involved a case where the defendant had a six pack of beer in the car, and drank two beers after she stopped driving. The defendant had a witness that confirmed that she did in fact consume the alcohol after she stopped the car. In that particular case, the defendant almost struck a pedestrian, on her way home. The pedestrian called the police, who arrived at the defendant's house, to find the defendant on her third beer. At the trial, a defense witness testified that the defendant went in the house, and was upset about nearly hitting a pedestrian, so she consumed several beers. While the defendant may have been completely impaired (and probably was) while driving, she consumed additional alcohol after she got out of the car, and this caused the jury to have reasonable doubts about whether she was impaired at the time of driving. She was found not guilty." Read more, see Amazon.com kindle books, author Charles Scott, Title Under the Influence Secrets from a DUI Lawyer.

Goodman’s lawyers also claim that as a result of the crash, Goodman received a concussion that left him dazed and confused. A reasonable person might ask why would Goodman decide to retire to a man cave and pound a bunch of alcoholic drinks after a crash instead of getting treatment for his alleged concussion.

A reasonable person might also ask why would Goodman leave the scene and not even try to aid the other driver, who apparently drowned after his car went into a canal. Would it have been possible for Goodman to have saved the other drivers life?

If the jury convicts Goodman on charges of DUI manslaughter and vehicular manslaughter, he faces up to 30 years in prison.

Here are a couple things to consider the next time you get in the car to drive:tag:typepad.com,2003:post-6a00e553f722c688340163029d5c6e970d2012-03-08T14:11:32-05:002014-09-30T13:44:52-04:00Do you ever drive home after having a glass of wine or two with dinner? Do you ever run to the store after you had a couple of beers at home? Do you ever drive home after going to a club dancing? Have you ever driven home after having a...S & F Media LLC

Do you ever drive home after having a glass of wine or two with dinner?

Do you ever run to the store after you had a couple of beers at home?

Do you ever drive home after going to a club dancing?

Have you ever driven home after having a drink at a friend’s house?

Have you ever had a drink after a concert, play, or sporting event and driven home?

Even if you are under the limit, even if you do it once a month, or once a year, think about it…

What exactly would you do if you got pulled over at a DUI checkpoint or elsewhere?

What would you say?

How would you act?

Can you refuse any DUI tests?

What are your rights?

In my book "Under The Influence - Secrets from A DUI Lawyer" you’ll learn…

What to do if you if you ever get stopped at a DUI checkpoint or elsewhere.

Very simple, but very important DUI Arrest Tips and things to do before you leave your house, before or after you’ve been drinking.

The truth about how cops approach a DUI stop, and what you need to know to deal with them before you ever get in your car.

And much more…

It’s Not ‘IF’ You Get Pulled Over, It’s ‘WHEN’

It’s Going to Happen

You ARE Going To Get Pulled Over

The only question is: will you know what to do, before you get pulled over, to prevent it from ever happening? Or will you keep on playing ‘DUI Roulette’ and hoping that it won’t happen?

PLAN AHEAD TO AVOID A DUI ON NEW YEARS EVEtag:typepad.com,2003:post-6a00e553f722c688340168e4ae3d29970c2011-12-30T14:12:03-05:002014-09-30T13:51:31-04:00You don't want a DUI on new years eve, it is not the greatest way to start the new year. It is expensive and will land you in jail for the night, keep you from driving for six months to a year, and cost thousands of dollars, give you a...S & F Media LLC

You don't want a DUI on new years eve, it is not the greatest way to start the new year. It is expensive and will land you in jail for the night, keep you from driving for six months to a year, and cost thousands of dollars, give you a pemanent criminal record, not to mention it will not be a good way to start out the new year. Here are some tips to help avoid a DUI and a bad new years eve. Call a cab early, about an hour in advance of when you want the cab to arrive to pick you up. It is a good idea to program the phone numbers of several cab companies into your phone before you leave the house, that way you will have them handy when you need a cab to get home. Another option is to hire a limo for the entire evening. The limo will cost you possibly $500 or more, but a DUI will cost significantly more, several thousand dollars, plus a criminal record, loss of license, etc. A limo will pick you up at your door, drive you from bar to bar, wait for you in the parking lot and bring you back home at the end of the night. If you have serveral friends with you the cost of the limo can be divided and end up costing you very little. Consider a designated driver, perhaps someone that gave up drinking but would enjoy going out on new years eve. Public transportation is also an option and the bus lines including trolley bus lines will be running on new years eve. Keep this in mind, you can get a DUI for just sitting behing the wheel of a car, even if the car is not running, so avoid getting behind the wheel of any car if you have been drinking. You can also get a DUI on a bicycle so leave the bike at home. Have a safe and happy new years eve.

DUI CHECKPOINTS - WHAT YOU NEED TO KNOWtag:typepad.com,2003:post-6a00e553f722c6883401539100a48c970b2011-08-25T21:37:28-04:002014-09-30T13:51:53-04:00Sobriety Checkpoint Laws August 2011 Sobriety checkpoints (also called DUI checkpoints) are locations where law enforcment officers are stationed to check drivers for signs of intoxication and impairment. Many jurisdictions utilize sobriety checkpoints as part of their larger drunk driving deterrance program. Due to legal issues surrounding their use, not...S & F Media LLC

Sobriety Checkpoint Laws

August 2011

Sobriety checkpoints (also called DUI checkpoints) are locations where law enforcment officers are stationed to check drivers for signs of intoxication and impairment. Many jurisdictions utilize sobriety checkpoints as part of their larger drunk driving deterrance program.

Due to legal issues surrounding their use, not all states conduct sobriety checkpoints. Some states have laws authorizing their use. Others forbid them or are silent on the issue.

Learn More About Drunk Driving

States with no explicit statutory authority may or may not conduct checkpoints. In many states, the judiciary has stepped in to uphold or restrict sobriety checkpoints based on interpretation of state or federal Constitutions.

38 states, the District of Columbia, the Northern Mariana Islands and the Virgin Islands conduct sobriety checkpoints.

In 12 states, sobriety checkpoints are not conducted.

In 5 states, they are are prohibited either explicitly by state law or by interpretation of state law

They are illegal under the state Constitution in another 5 states.

Texas prohibits them based on the its interpretation of the U.S. Constitution.

Disclaimer: The information on this page is for general information purposes only and is not to be considered legal authority. For clarification on any law, consult the appropriate State Highway Safety Office.

Can I Get A DUI Just Sitting in The Car?tag:typepad.com,2003:post-6a00e553f722c688340153907c898f970b2011-08-06T19:23:24-04:002014-09-30T13:52:09-04:00Yes, you can be arrested for DUI for just sitting in the car. If you have been drinking and feel that you may be over the limit (.08 BAC) do not get behind the wheel of a car, even if the motor is not running. The law is APC or...S & F Media LLC

Yes, you can be arrested for DUI for just sitting in the car. If you have been drinking and feel that you may be over the limit (.08 BAC) do not get behind the wheel of a car, even if the motor is not running. The law is APC or actual physical control, and the theory is that if you have the ability to operate the vehicle, by being behind the wheel and having the keys, then you are considered to be in actual physical control of the vehicle. If you had too much to drink dont take a nap in the car, you can get a DUI for being asleep in the car too. I remember one time a client had too much to drink, and decided to lock up her car and leave it at the bar, and ride home with friends. She went out to lock up the car and get her purse, and as she opened the drivers side door with the keys in her hand, she was arrested and charged with DUI under the actual physical control law, and ended up being convicted. If you had too much to drink, do not go anywhere near your car, and give the keys to someone else.

Can I Get A DUI If I'm Not Drinking? - DUI Tip of the Daytag:typepad.com,2003:post-6a00e553f722c688340154340bc4c1970c2011-07-27T20:22:51-04:002014-09-30T13:52:25-04:00The answer is yes, you can get a DUI even if you are not drinking. In Florida the law is DUI, or driving under the influence, and not DWI, driving while intoxicated. The State does not have to prove you were drinking, or drunk. Many people were surprised to find...S & F Media LLC

The answer is yes, you can get a DUI even if you are not drinking. In Florida the law is DUI, or driving under the influence, and not DWI, driving while intoxicated. The State does not have to prove you were drinking, or drunk. Many people were surprised to find that you can be charged with DUI if you were smoking pot, or taking prescription pain pills. These substances can have the effect of impairing your ability to drive a car, and when you are suspected of DUI but have no alcohol in your system as evidenced by a .00/.00 breath reading, then the police officer will ask for a urine test or blood test to determine if you are being affected by drugs or medication. The moral of this story is do not drive if you have smoked pot, taken street drugs, or prescription medications that could impair your ability to drive.

Drinking On An Empty Stomach - DUI Tip Of The Daytag:typepad.com,2003:post-6a00e553f722c68834014e8a120f82970d2011-07-23T13:03:08-04:002014-09-30T13:52:40-04:00There is a general rule that you can safely consume one drink per hour, and that your body will eliminate one drink per hour. I generally agree with this concept, and take it one step farther and suggest one drink per hour, with a glass of water between alcoholic drinks....S & F Media LLC

There is a general rule that you can safely consume one drink per hour, and that your body will eliminate one drink per hour. I generally agree with this concept, and take it one step farther and suggest one drink per hour, with a glass of water between alcoholic drinks. I also caution that you cant sit around for ten hours having one drink per hour, do not do this. I dont suggest more than three drinks in a three hour period with a glass of water inbetween. This tip has to do with whether you drink on an empty stomach. Most people have heard that they can get a better "buzz" by drinking on an empty stomach. There is good science behind this idea, when you have food in your stomach and consume alcohol, such as having a drink with a meal, the food in your stomach may absorb some of the alcohol and your body will thus not absorb as much. Conversely if you drink on an empty stomach your body will absorb much more of the alcohol placing it into your blood stream. I always advise against drinking on an empty stomach. Be careful however because drinking along with food may result in a delayed absorption of the alcohol, as the food passes thorough your system, you will likely absorb the alcohol, but it will be delayed. So you might not realize you have consumed as much alcohol as you did when you are also eating food.

How Many Drinks Can You Have and Drive - Tip of The Daytag:typepad.com,2003:post-6a00e553f722c6883401539014f1e1970b2011-07-21T20:31:00-04:002014-09-30T13:52:55-04:00As a DUI lawyer, I get asked the question, how many drinks can I have and still drive a car. The best answer is none. If you get stopped by the police, the first thing the officer will ask you is "have you been drinking tonight sir/mam?" If you had...S & F Media LLC

As a DUI lawyer, I get asked the question, how many drinks can I have and still drive a car. The best answer is none. If you get stopped by the police, the first thing the officer will ask you is "have you been drinking tonight sir/mam?" If you had even one or two drinks, your answer to that question will be "yes I have been drinking". So if you wanted to get the officers attention, that should do it. When I used to ride with the police and sherrif on DUI patrol during my State Attorney training, almost every person we stopped for DUI said "I only had two beers", this seems to be the standard answer that everyone thinks police want to hear. By admitting you had two beers you just made one element of the officers case against you, that you had consumed alcohol. All he has to prove now is that your normal faculties are impaired, and that can be his subjective opinion. So I suggest a designated driver if you want to be safe and dont want to lie when the police officer askes you if you had been drinking. You dont have to lie, you could refuse to answer the question, but that will get the officers attention possibly more than admittng two beers. If you insist on drinking and driving there are some charts that give you an estimate of your blood alcohol level by weight. A general rule of thumb is one drink per hour, with a glass of water between drinks. This does not mean you can drink for ten hours. What is meant is that two or three drinks over a two or three hour period with water inbetween, and you may be ok to drive.